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8 November 2024
Nick Farlow
By email:
[FYI request #28744 email]
Tēnā koe Mr Farlow
Official information request: Solicitor-General’s Prosecution Guidelines
Our Ref: OIA353/1
This is in response to your official information request submitted on Sunday 13 October
2024 seeking information about the revised Solicitor-General’s Prosecution Guidelines
“the guidelines”).
The Solicitor-General issues the guidelines as part of her role as Law Officer under s 185
of the Criminal Procedure Act 2011. The Ombudsman has previously stated that
information related to Solicitor-General’s role as Law Officer is not “official information”
within the meaning of the Official Information Act 1982 (OIA
).1 For this reason, your
request is formally refused on the basis that the OIA does not apply to the information
sought.
However, and without prejudice to the above, we have decided it is in the public interest
to provide you with the information below.
The Solicitor-General is currently reviewing the guidelines and introduction for clarity and
consistency. The press release announcing this is available on the front page of our
website at www.crownlaw.govt.nz.
The purpose of the guidelines
At present, over forty agencies conduct public prosecutions in New Zealand. These
include the Police, Crown Solicitors, and other government agencies who have a
prosecution function as part of their role, such as Corrections and the Ministry for
Primary Industries.
The guidelines are used to help prosecutors make fair and consistent decisions in the
prosecution process.
The guidelines do not promote different treatment based on ethnicity
The guidelines do not promote different treatment based on ethnicity. The
Solicitor-General said in her press release that she recognised the wording, particularly in
the Introduction to the guidelines, could be clearer. She has taken down the guidelines
while she reviews them for clarity and consistency and will republish them in time for
them to come into effect from 1 January 2025.
1 See, for example, Case Note W44280 of the Office of the Ombudsman.
Level 2 Justice
Centre, 19 Aitken Street, Wellington 6011 | PO Box 2858 or DX SP20208, Wellington 6140, New Zealand | +64 4 472 1719 | crownlaw.govt.nz
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The roles of the Attorney-General and Solicitor-General
The Guidelines are issued by the Solicitor-General in their role as Law Officer. New
Zealand has two Law Officers: the Attorney-General and the Solicitor-General. You can
read more about these roles on the Crown Law website at
www.crownlaw.govt.nz/about-
us/law-officers.
The present Attorney-General and her predecessor were briefed on the review, but the
guidelines are issued by the Solicitor-General on their own authority pursuant to s 185 of
the Criminal Procedure Act 2011.
The role of Ināia Tonu Nei
We invited Ināia Tonu Nei to work with us on this review because they have provided
valuable contributions to similar projects in the justice sector. At the time the review of
the guidelines was commenced, they held a mana ōrite relationship with the Justice
Sector Leadership Board (JSLB)
. You can view the mana ōrite agreement on the Ministry
of Justice website.
We also sought the views of a large and diverse range of other stakeholders, including the
New Zealand Police, other justice sector agencies, prosecutors, the legal profession,
academics and various community groups.
Consultation with any individual person or group does not mean the Solicitor-General
agrees with all of their views or vice versa. The Solicitor-General routinely receives a
range of viewpoints to help inform their decision but makes their decision independently.
Crown Law did not pay Ināia Tonu Nei for their involvement in the guidelines. We booked
flights and accommodation for one of their staff to attend two wānanga in Wellington,
but no one was paid by Crown Law for their time.
Proactive release
Please note that we may publish this response (with your personal details redacted), and
any related documents, on Crown Law’s website if we decide proactive release of this
information is or may be in the public interest. If you have any concerns about this, please
let us know within 10 working days of the date of this letter.
You have the right to seek an investigation and review by the Ombudsman of this
decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Naku noa, nā
Crown Law
8194580